Piecing together the Dunphy case
On Friday, April 3, 2015, Minister Sandy Collins tweeted, I am riding around with the Premier listening to music by Sherman Downey, “Sun in Your Eyes”. That set off a chain of events. Donald Dunphy, an injured worker on Workers Compensation, not getting enough support to provide him with the basic needs, sent out a tweet - one of many over the years.
On Good Friday, April 3, 2015, Donna Ivey, in the Premiers’ Office, thought it was something of great concern, contacted RNC Const. Joe Smyth, a bodyguard to the then Premier Davis, who in turn decided he would go to Mitchell’s Brook to confront Mr. Dunphy, for what reason no one can figure out. Smyth did not have the address of Donald Dunphy so he contacted the Workers Compensation and the person Thomas Mahoney provided the address. This chain of events caused the untimely death of Dunphy by Smyth, just two days later on Easter Sunday, April 5, 2015.
RCMP conducting the investigation into this incident took a long time and would not release any details and the people of this province felt that there was a cover up, especially after Smyth was cleared of all wrong doings and never charged.
Justice Minister, Andrew Parsons, under a great deal of pressure from the general public, calls an inquiry into the death of Dunphy because no one can understand why Smyth went to see Dunphy.
The Commission of Inquiry respecting the death of Dunphy started on January 9, 2017 under the direction Judge Leo Barry, as I have been interested in this miscarriage of justice from day one, I decided to spend some time at the hearing to try and understand why.
First up to give statement was Dunphy’s daughter, Meghan, who was raised by her father after her mother died at age three. She described her dad as funny, sarcastic, talk to anyone, opinionated, vocal and that her dad had a stick with tape on one end, always stuck up on the wall by his chair for protection, which is the focus of much attention and is on display along with the rifle as evidence. A man’s home is his castle and has every right to protect it.
My observation was that everyone in attendance was very impressed with her statement and the way she handled herself in a very difficult task, it speaks well of the way her father raised her.
Next up was Ms. Ivey and then Mr. Mahoney both stated if they had to do it all over again they would do the same, in other words no remorse.
What I saw in the first week of the inquiry respecting the death of Dunphy is that all parties representing the law agencies were trying to paint Dunphy a person living in squalor, too many cats in the house, full of garbage, a person with a temper who expressed his opinions on Open Line and Twitter. But why are the law agencies using this as a justification for Smyth doing what he did on that fatal day. Smyth decided to go to Dunphy’s house by himself, after refusing help from the RCMP in Holyrood,
I do not know why in CBS the enforcement officer for the town went to talk to a lady about chickens, he enlisted the help of two RNC Officers.
Does the RNC consider a lady with chickens more dangerous than Dunphy, who Smyth and Ivey portrayed as a dangerous person?
On the week of January 16, 2017, Smyth giving testimony stated he was in the house 15 minutes before he shot Dunphy.
When Smyth entered the house and in the time there,
there was no sign of a rifle, yet when his eyes dropped for a couple of seconds, Dunphy, an injured man who could not move very fast, was able to retrieve a gun and point it at him and when questioned where the gun came from, didn’t know, might have been on the floor covered in garbage. It’s strange that Dunphy would have a gun for protection on the floor covered in garbage. A 22 rifle (is approx. 40 inches long) a large object to conceal, that a trained officer could not have observed, being that he spent the entire time in the house within five to seven feet from Mr. Dunphy.
I would have to say the three days I watched Smyth being questioned by the Commission Lawyer, Sandra Chaytor, very intriguing, something like a spy movie, Smyth kept harping about the condition of Dunphy’s house in disrepair, untidy, dirty and insects, which he later called (carpenters). Carpenters are not dirty insects, they are creatures that like the shade and dampness and are around many homes, including mine. What the condition of the house has to do with Dunphy’s death is not clear, it was very hard to get clear answers from Smyth, his favourite words was “I don’t recall, I think so, might have”. Smyth in my opinion appeared to be well rehearsed and a good actor.
I have come to the conclusion that both men said things that upset each other and as both men became angry and I believe with Smyth’s back- ground, he reacted the way he did and without thinking fired four bullets into Dunphy, which resulted in his death.
If things had happened as Smyth said, him being very close to Dunphy and the door at all times, if the gun appeared as Smyth stated then he had two options: remove the gun from Dunphy or leave the house.
The fact that he did neither, leaves his story very questionable, as I am writing this Smyth will be on the stand again on January 23, 2017 and it is bound to be interesting when questioned by Dunphy’s lawyers. As this story is not over, I will be expressing more of my opinions later if the media will allow.